The Personal Injuries (Civilians) Amendment Scheme 1986

Citation, commencement and interpretation

1.—(1) This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 1986 and shall come into operation on 28th July 1986.

(2) In this Scheme the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983(1).

Amendment of Article 18 of the principal Scheme

2.  In Article 18 of the principal Scheme (unemployability allowances) in paragraph (2) for the amount “£1300” there shall be substituted the amount “£1326”.

Amendment of Article 23 of the principal Scheme

3.  In Article 23 of the principal Scheme (treatment allowances in respect of disablement of gainfully occupied persons and civil defence volunteers) after paragraph (5) there shall be inserted the following new paragraph:—

“(6) A disabled person who is not normally in employment, or who is retired from employment, shall not be entitled to a treatment allowance in respect of treatment which, if he were normally in employment, would in the opinion of the Secretary of State involve no or only occasional interruptions of that employment.”

Amendment to Article 25A of the principal Scheme

4.  In paragraph (1)(b) of Article 25A of the principal Scheme (mobility supplement)—

(a) the following head shall be inserted as a new head (iii)—

“(iii) restricting by physical pain or breathlessness his ability to walk to such an extent that it is of little or no practical use to him, or”;

(b) the existing head (iii) shall be renumbered (iv).

Amendment of Article 48 of the principal Scheme

5.  In Article 48 of the principal Scheme (treatment allowances in respect of persons not gainfully occupied) after paragraph (3) the following paragraph shall be added—

“(4) A disabled person who is not normally in employment, or who is retired from employment, shall not be entitled to a treatment allowance in respect of treatment which, if he were normally in employment, would in the opinion of the Secretary of State involve no or only occasional interruptions of that employment.”.

Amendment of Article 54 of the principal Scheme

6.  In Article 54 of the principal Scheme (time limits for applications)—

(a) in paragraph (1) the words “, except in cases where paragraphs (1B) or (1C) have effect,” shall be inserted after the word “made”;

(b) after paragraph (1) the following new paragraphs shall be inserted—

“(1A) An application for an award of any pension, allowance or other benefit under this Scheme shall state the pension, allowance or benefit being claimed and shall be made to the Secretary of State either

(a) in a form approved by him for that purpose; or

(b) in such other manner, whether in writing or otherwise, as he may accept as sufficient in any case.

  

(1B) An application for an award shall be treated by the Secretary of State, both at the date of the application and at any subsequent date, as including an application for an allowance under any of the following Articles, without reference to any such allowance being included in the application:—

(a) Article 15 (exceptionally severe disablement allowance);

(b) Article 16 (severe disablement occupational allowance);

(c) Article 19 (invalidity allowance);

(d) Article 20 (comforts allowance);

(e) Article 22 (age allowance);

(f) Article 29 (allowance to elderly widows);

(g) Article 31 (temporary allowances to widows and unmarried dependants who lived as wives of severely disabled persons);

(h) Article 44 (exceptionally severe disablement allowance);

(i) Article 45 (comforts allowance);

(j) Article 47 (age allowance);

(k) Article 50 (allowance to elderly widows);

(l) Article 51 (temporary allowances to widows of severely disabled persons).

  

(1C) Where an award is in payment under this Scheme and the conditions for entitlement to any of the allowances referred to in paragraph (1B) become satisfied, a claim for any such allowance shall be treated as having been made at the date when the relevant conditions first became satisfied.”.

Substitution of Schedules 3 and 4 to the principal Scheme

7.  For Schedules 3 and 4 to the principal Scheme (rates of pensions and allowances payable in respect of disablement and death) there shall respectively be substituted the Schedules set out in the Schedule hereto and numbered 3 and 4.

Signed by authority of the Secretary of State for Social Services.

Trumpington

Parliamentary Under-Secretary of State

Department of Health and Social Security

19th March 1986

We approve

Donald Thompson

Tim Sainsbury

Two of the Lords Commissioners of Her Majesty's Treasury

1st April 1986